A non-binary person is being allowed to temporarily remain in Canada after removal proceedings were stayed by a judge who said an immigration officer did not consider the potential dangers facing LGBTQ+ people in the U.S.
Angel Jenkel came to Canada in August 2022, but says they overstayed their six month visitor visa while taking care of their now fiancé who requires 24/7 care due to epilepsy.
Jenkel was scheduled to be returned to the U.S. on July 3, but raised the potential of irreparable harm and fear for safety if returned to the U.S. as rights and protections for trans and non-binary people are rolled back.
A Federal Court decision says the immigration officer reviewing Jenkel’s pre-removal risk assessment failed to consider recent developments in the U.S. and relied instead on information from January 2024 National Documentation Package which provided information on potential risks.
Justice Julie Blackhawk says in her decision that the officer’s approach was “flawed and unreasonable” for not considering up-to-date risks for LGBTQ+ people in the U.S.
Jenkel can now stay in Canada until a judicial review of Blackhawk’s decision is complete, and if the result is favourable for Jenkel then their application to stay in Canada will be reopened and reviewed by a different officer.
© 2025 The Canadian Press
